Not exact matches
Another approach to
avoid this concern might be to regard immunity as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding — as is the case with proceedings to
enforce a foreign arbitral
award, but not, presumably, with a defamation action arising from statements made in an earlier proceeding.
The evidence of Mr Benson in his 3 witness statements, to which I have referred, and the conduct of the KRG before and in the arbitration and in relation to the attempts of the Claimants to
enforce the
Awards reveal a defendant who is prepared to take whatever steps it can to
avoid payment of sums due to the Claimants.
Arbitration also
avoids the risk of a foreign court favouring the native party, and arbitration
awards can be easier to
enforce internationally.